You have met them if you have been mediating for any length of time: High Conflict People.
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
(8/24/18)Dr. Lynne C. Halem
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
(7/06/18)Milan Slama, Kenneth Rasmussen
This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2).
Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.
This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.
Mediation is not neutral. The process itself is full of implicit principles and valuable life lessons.
This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.
(9/07/17)Klaus Peter Berger
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.
We often talk about peacemaking while neglecting to address the ultimate goal of justice, restoration and forgiveness.
(7/14/17)Gracious Timothy, Tanima Tandon
In our respective professional lives, each of us have had a fair experience of the approach that advocates have towards in-house counsels and vice-versa.
This article analyzes an important recent California case related to arbitration agreements and waivers.
When I first began a career in mediation, almost thirty years ago, we often needed to convince others of the benefits of mediation.
Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.
(11/04/16)Michael A. Zeytoonian
We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.
This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.
This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!
In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.
I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.
(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva
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The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.